Lisenby v. State

I agree with the Court that this case should be reversed, but I would not reverse and dismiss; rather, I would remand for another trial.

It is my view that the Court committed error in giving its instruction No. 5. That instruction reads as follows:

When persons combine to do an unlawful thing, if the act of one, proceeding according to common plan, terminates in a criminal result, though not the particular result meant, all are liable.

If the defendants, or either of them, drew a weapon on Norman Hall and Richard James, their victims, with the common intent to effect an unlawful theft of…